Successiveness while fasting as Kaffarah on behalf of the deceased
Q: My father (may Allah be merciful to him) died in a car accident on
road. Three of my brothers and my mother were accompanying my father when the accident took place. The children and my father died immediately. My mother was hospitalized, but her injuries were so severe that she died after leaving the hospital, one month and a half after my father's death. Considering that the Traffic Administration report concluded that my father was 70% at fault of the accident, please answer my following questions:1- Is there any Kaffarah (expiation) obligatory on my father and what is it? Should the deceased or his living relatives make it?2- If Kaffarah is due, can you give us an exact description of it?3- If my father is obligated to make Kaffarah, would it be best
to fast, free a slave or feed the needy?4- We are two brothers and two sisters. If a Kaffarah is due, is it permissible to divide the number of days that should be observed fast between the brothers; or only one of us must fast them? (Part No. 21; Page No. 480) 5- If one of the brothers volunteers to make Kaffarah by fasting on behalf of the father, should he fast the whole period continuously or take a break after each two consecutive months of fasting (i.e., the Kaffarah for involuntary causing one person's death)?6- If the period of fasting as a Kaffarah is interrupted due to an illness or taking a medicine, is it obligatory to restart the fast?7- Should a woman make up for her missed days of fasting as Kaffarah during her menstruation or postpartum period? If not, what should she do?Peace be upon you!
After the Committee has studied the questions, it gave the following answer:
If the reality is as you mentioned, four Kaffarahs are due on your father because four persons (other than your father) have died because of the accident. One Kaffarah is fulfilled by freeing a believing slave, and if unable to do so, by fasting for two successive months.
It is Mustahab (desirable) for the heirs of the deceased to fast on his behalf, as it is confirmed that the Prophet (peace be upon him) said,
"Anyone who dies and have some days of fasting, their heir should fast them for them."
This is done in case freeing a slave is not available.
It is permissible for anyone who volunteers to fast as Kaffarah on behalf of the father to fast for two months (i.e. The period due for involuntary killing one person) and have a break before fasting the period of the next Kaffarah.
The period of fasting as Kaffarah must not be interrupted; however, when a woman menstruates, has postpartum bleeding (Part No. 21; Page No. 481) falls ill, or has any excuse that renders breaking the fast permissible such as traveling etc., the period of fasting is not considered interrupted and she should resume when the excuse no longer exists.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.